HomeMy WebLinkAboutORD 2012-47 - ANX Village CreeksideOrdinance •.
• t • fe k.1ty or s g' • • + s
.
extensionthe of boundary of of Georgetown, •
annexation of certain territory consistin of 93.77 acre
Whereas, the owners of the area proposed for annexation submitted a petition in writing
requesting annexation of the area; and
Whereas, the Section 4.03.010 of the Unified Development Code creates procedures for initial
zoning of newly annexed territory; and
Whereas, the Georgetown City Council approved a resolution granting the petition on May
8, 2012; and
Whereas, the Georgetown City Council conducted public hearings on the proposed
annexation on May 8, 2012, and May 22, 2012; and
Whereas, all of the herein -described property lies within the extraterritorial jurisdiction of
the City of Georgetown, Texas; and
Whereas, the herein -described property lies adjacent and contiguous to the City of
Georgetown, Texas; and
Whereas, all prerequisites of state law and the City Charter have been complied with;
Section 1. The facts and recitations contained in the preamble of this ordinance are hereby
found and declared to be true and correct, and are incorporated by reference herein and expressly
made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance
implements and is not inconsistent or in conflict with any 2030 Comprehensive Plan Vision
Statements, Goals and Policies.
Section 2. The City Council of the City of Georgetown hereby annexes into the city limits
93.77 acres out of the Mary Ann Lewis, Leroy Lord, and William Roberts Surveys, as shown in
"Exhibit A" of this ordinance, as described in "Exhibit B" of this ordinance. "Exhibit C" contains the
service plan.
Ordinance No.
GT Village Creekside Annexation
Date Approved: 7.10.2012
Page 1 of 2
Section 3. The 93.77 acres,
as
described in "Exhibit B" of this ordinance, is included in
City
Council District 5, as it is adjacent
to
Council District 5 and no other City Council Districts.
effect ten days after its
Section 4. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict
with this Ordinance are hereby repealed, and are no longer of any force and effect.
Section 5. The Mayor
is hereby authorized to sign this
ordinance
and the City Secretary to
attest. This ordinance shall
become effective and be in full
force and
effect ten days after its
adoption, in accordance with
the provisions of the Charter of
the City of
Georgetown.
Passed and Approved on First Reading on the 121h day of June, 2012.
Passed and Approved on Second Reading on the 10th day of July, 2012.
Attest:
Approved as to
Bridget Chapman
Acting City Attorney
Ordinance No.
GT Village Creekside Annexation
Date Approved: 7.10.2012
The City of Georgetown:
Mayor
Page 2 of 2
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GEORGETOWNv EST. 1848
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93.77 ACRES
FIELD NOTES
BEING ALL OF THAT CERTAIN TRACT OF LAND OUT OF THE WILLIAM ROBERTS SURVEY, ABSTRACT 524, AND THE LEROY
B. LORD SURVEY, ABSTRACT 407 AND MARY ANN LEWIS SURVEY, ABSTRACT 406, SITUATED IN WILLIAMSON COUNTY,
TEXAS, BEING MORE PARTICULARLY DESCRIBED AS BEING ALL OF A 1.551 ACRE TRACT CONVEYED TO THE TANNER
RANCH, LTD. IN DOCUMENT NUMBER 2005039533 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY,
TEXAS (O.P.R.W.C.TX.), ALL OF A 7.17 ACRE TRACT OF LAND, THE REMAINDER OF A 195.137 ACRE TRACT OF LAND
CONVEYED TO THE ADKINS RANCH, LTD, IN DOCUMENT NUMBER 9553464 OF THE O.P.R.W.C.TX., ALL OF A 5.30 ACRE
TRACT OF LAND, THE REMAINDER OF A 6.538 ACRE TRACT OF LAND CONVEYED TO WILSON FAMILY COMMUNITIES,
INC. IN DOCUMENT NUMBER 2006019814 OF THE O.P.R.W,C,TX., ALL OF A 14.417 ACRE TRACT OF LAND CONVEYED
TO WILSON FAMILY COMMUNITIES, INC. IN DOCUMENT NUMBER 2006019814 OF THE O.P.R.W.C.TX., ALL OF A 36.08
ACRE TRACT OF LAND, THE REMAINDER OF A 42.661 ACRE TRACT OF LAND CONVEYED TO THE TANNER RANCH, LTD.
IN DOCUMENT NUMBER 2005039533 OF THE O.P.R,W.C.TX, AND A PORTION OF THE REMAINDER OF A 270.968 ACRE
TRACT OF LAND CONVEYED TO JMK TRIPLE S, LTD. IN DOCUMENT NUMBER 9553466 OF THE O,P.R,W.C.TX., MORE
FULLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING, at
the most southerly
corner of said 1.551 acre tract, also being a point on the west right-of-way line of
Shell Road (80'
R.O.W.), also being
the most easterly northeast corner of Georgetown
Village Section Six (Cabinet CC,
Slides 101-103,
Williamson County
Plat Records), for the POINT OF BEGINNING of the
herein described tract,
THENCE, leaving said west right -of way line, with said line of said Georgetown village Section Six, the following ten (9)
courses and distances, numbered 1 through 9,
1.
N43°05'50"W, a
distance
of
110.26
feet to a
point,
2.
N17057'46"W, a
distance
of
192.23
feet to
a
point,
3.
N21°27'07"W, a
distance
of
212.03
feet to
a
point,
4.
N41010'28"W, a
distance
of
166.46
feet to
a
point,
5.
N11°52'47"W, a
distance
of
328.09
feet to
a
point,
6,
N15°18'22"W, a
distance
of
198.33
feet to
a
point,
7.
N15013129"E, a distance of 66.12 feet
to a
point,
8.
N73°24'28"W, a
distance
of
197.80
feet to
a
point,
9.
S16°35'32"W, a
distance
of
300.90
feet to
a
point,
THENCE, N73°24'28", a distance of 841.72 feet to a point on the north line of Georgetown Village Section Five (Cabinet
V, Slides 320-322 Williamson County Plat Records), also being a point on the south line of said 36.08 acre tract, for a
point of curvature to the left,
THENCE, with said line of said 36.08 acre parcel, the following twenty-seven (27) courses and distances, numbered 1-27,
1.
With said curve to the left having a radius of 781.00 feet, an arc
length of 396.94 feet and whose chord bears
N87°58'04"W, a distance of 392.68 feet to a point,
2.
S13°33'29"E, a distance of 128.65 to a point of non -tangency for
a curve to the left,
3,
With said curve to the left having a radius of 628.00 feet, an arc
length of 140.10 feet and whose chord bears
S70°03'03"W, a distance of 139.81 feet to a point,
4.
S63°39'34"W, a distance of 105,69 to a point of curvature for a
curve to the left,
5.
With said curve to the left having a radius of 498.00 feet, an arc
length of 16.17 feet and whose chord bears
S62°43'46"W, a distance o€16.17 feet to a point,
6.
N28°12'43"W, a distance of 301.15 feet to a point,
7.
N54°48'43"W, a distance of 117.21 feet to a point,
8.
N66°29'38"W, a distance of 89.10 feet to a point,
9.
N52°48'52"W, a distance of 120.70 feet to a point,
10.
N82°12'35"E, a distance of 35.44 feet to a point,
11.
N43°29'17"W, a distance of 103.87 feet to a point,
12,
N11044`151rW, a distance of 23.95 feet to a point,
J: 4461\SURVEY\FIELD NOTES\FN-LH 1.-7PLATAOC
93.77 ACRES
13.
N18001'41"E, a distance
of 182.97 feet to a point,
14.
N16032119"W, a distance of 6.09 feet to a
point,
15.
N15°50'48"E, a distance
of 49.54 feet to a
point,
16.
N39°01'23"E, a distance
of 14.90 feet to a
point,
17.
N18901038"E, a distance
of 91.20 feet to a
point,
18.
N34047'42"W, a distance of 131.32 feet to
a point,
19.
N22045102"W, a distance of 72.05 feet to a point,
20.
N39°12'51"E, a distance
of 75.72 feet to a
point,
21.
S89410'50"E, a distance
of 190.38 feet to a point,
22,
S79°30126"E, a distance
of 141.78 feet to a point,
23.
1\158°56'01"E, a distance
of 240.65 feet to
a point,
24.
N67°09102"E, a distance
of 129.28 feet to
a point,
25.
N61'24'39"E, a distance
of 236.43 feet to
a point,
26.
N67°56'41"E, a distance
of 54.27 feet to a
point,
27.
S10`05'02"E, a distance
of 54.14 feet to a
point,
THENCE, N39°18'01"6, a distance of 298.18 feet to a paint on the north line of said remainder of 270.968 acre tract,
THENCE, with said north line, the fallowing five (5) courses and distances, numbered 1 through 5,
1.
N62°34'O8"E, a
distance
of 413.30
feet to
a point,
2.
N69°22'"54E, a
distance
of 115.85
feet to
a point,
3.
N85°37'47"E, a
distance
of 503.04
feet to
a point,
4.
S01°04'17"W, a
distance
of 297.18
feet to
a point,
5.
N85°48'54"E, a
distance
of 119.49
feet to
a point,
THENCE,
crossing said remainder of
270.968
acre tract, S46931139", a distance of 1,241.68 feet to a point of non -
tangency
for a curve to the left, also
being a
point on the west right-of-way line of Shell Road,
THENCE, with said west right-of-way line, the following two (2) courses and distances, numbered 1 and 2,
1. With said curve to the left having a radius of 1535.24 feet, an arc length of 838.59 feet, and whose chord bears
S°2749128" W a distance of 828.20 feet to a point and
2. S12°24'53"W, a distance of 934.28 feet to the POINT OF BEGINNING and containing 93.77 acres of land.
PERFORMED yxti4
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Prepared by: S, O
AARON V. THOMASON, R.P.L,S, NO. 6214 <$ t, _
Carlson, Orlgance and Doering, Inc.f r�
3i��aS°
5501 West William Cannon''
Austin TX 78749
Ph: 512-280-5160 Fax: 512-280-5165
aaron@cbdeng,com
BEARING BASIS: REMAINDER OF 1023.257 ACRE TRACT OF LAND CONVEYED TO LAS VENTANAS LAND PARTNERS, LTD, IN DOCUMENT NUMBER
2004230439 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS,
1: 4461\SURVEY\FIELD NOTES\FN-LH 1-7PLAT.doc
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LINE TABLE
LINE
LENGTH
BEARING
L1
110,26
N43'Q5'SQ"W
L2
192.23
Ni7`57°46"W
L3
212.03
21°27`07"W
L4
166.46
N41°10'28"W
L5
328A9
Nt1'S2'47"W
L6
198.33
N15` 8'22"W
L7
66.12
N15°13129"E
LS
197,80
N73°24'28"W
L9
300.94
S46°35'32"W
L10
841.72
N73024'2$"W
L11
128.65
513'33'29"E
L12
105.69
563°33'34"W
L13
301.15
N2$'12'43"W
L14
117.21
N54'48'43"W
L15
89.1 Q
N66°29'38"W
L16
120.70
N52'48'S2"W
L17
35.44
N82'12'35"E
L1$
103.87
N43'29'17"W
Lib
23.95
N11'44'i5"W
L20
182.97
N18!01#41'#E
L21
6.09
N16032'19"
L22
49.54
N15°50'48"E
L23
14.90
39°x1'23"E
L24
91.20
N18'01'38"E
L25
131.32
N34°47'42"W
L26
72.05
N22'4 '42"W
L27
75.72
N39712'51"E
L2$
194.38
589'10'50"E
L29
141.78
S79'34'26"E
L30
244.65
N58'S6'01
"E
L31
129.28
N67°09' 2"E
L32
236.43
N61'2 '39"E
L33
54.27
6T56'41"E
L34
54.14
S10'Q5`Q2"E
L35
238.18
N39'18'01"E
L36
413.34
N6234'08"E
L37
11 5,85
N69'22'54"E
L38
503.44
N85`37'47"E
L39
297.18
S41 `04' 4 7"i"/
L40
119,49
N85'4$'54"E
L41
1241.68
546'34'39"E
L42
934.2$
S32°24'53"W
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CURVE TABLE
CHORD
CURVE RADIUS LENGTH CHORD BEARING TANGENT
Cl
781.00'
396.94'
392.68°
N87'S8'a4"
242.85
G2
628.04'
i 40.14'
139.81'
S70'03'03"W
70.34
C3
498.00'
i 6.17`
16.17'
S62°43'46"W
8.09
G4
1535,24'
838.59
828.20
S2T49'28"W
430.04
FOB • 114 t !A
COUNCILAREA* CREEKSIDE AT GEORGETOWN VILLAGE
DISTRICT
DA i 2012
This Service Plan (the Plan) is made by the City of Georgetown, Texas (City) pursuant to
Sections 43.056(b) -(o); 43.062, and 43.052(h)(1) of the Texas Local Government Code (LGC). This
Plan relates to the annexation into the City of the land shown on Exhibit "A" and Exhibit "B" to
this Service Plan, which has sometimes been referred to as "Creekside at Georgetown Village."
The provisions of this Plan were made available for public inspection and explained to the
public at the two public hearings held by the City on May 8, 2012, and May 22, 2012, in
accordance with Section 43.0560) of the LGC.
NOTE: This annexation was initiated by the petition or request of the owners of land in the
annexed area. As stated in Section 43.056(e) of the Texas Local Government Code, the
requirement that construction of capital improvements must be substantially completed within
the period provided in this service plan does not apply to a development project or proposed
development project within an area annexed at the request or on the petition of the landowner.
The development of this property would require a rezoning and Utility Agreement at the time
of development. The rezoning and Utility Agreement shall control the schedule of the provision
of municipal services for the areas. To the extent that there is a conflict between this Service
Plan and Utility Agreement, the Utility Agreement shall control.
II. TERM OF SERVICE PLAN
Pursuant to Section 43.056(1) of the LGC, this Plan shall be in effect for a ten-year period
commencing on the effective date of the ordinance approving the annexation. Renewal of the
Plan shall be at the discretion of the City Council and must be accomplished by Ordinance.
III. INTENT
It is the intent of the City that municipal services under this Plan shall provide municipal
services in accordance with the timetables required by the LGC. The City reserves the rights
guaranteed to it by the LGC to amend this Plan if the City Council determines that changed
conditions, subsequent occurrences, or any other legally sufficient circumstances exist under the
LGC or other Texas laws that make this Plan unworkable, obsolete, or unlawful.
Annexation Service Plan GT Village Creekside
Page 1 of 13
The municipal services described herein are categorized by those services which are (1)
available to the annexed area immediately upon annexation; (2) those services which will be
available to the annexed area within 21/2 years from the effective date of the annexation; and (3)
those services for which capital improvements are needed and which will be available within
41/2 years from the effective date of the annexation based upon a schedule for construction of
such improvements as set forth herein.
For the purposes of this Plan, "provision of services" includes having services provided by any
method or means by which the City provides municipal services to any other areas of the City,
and may include causing or allowing private utilities, governmental entities and other public
service organizations to provide such services by contract, in whole or in part, and may include
duties on the part of a private landowner with regard to such services.
In addition, in accordance with Section 43.056(g) of the LGC, if before annexation the annexed
area had a lower level of services, infrastructure, and infrastructure maintenance than the same
being provided by the City to other areas within the City limits, this Plan shall be construed to
allow for the provision to the annexed area of a level of services, infrastructure, and
infrastructure maintenance that is comparable to the level of services, infrastructure, and
infrastructure maintenance in other parts of the City with topography, land use, and population
density similar to those reasonably contemplated or projected in the annexed area.
1. Police Protection —Upon annexation, the Georgetown Police Department will extend
regular and routine patrols to the area.
2. Fire Protection and Emergency Medical Services— Upon annexation, in the areas
where the City has jurisdiction over fire protection and emergency medical services
or a contract under which the City provides such services, the City of Georgetown
Fire Department will provide response services in the annexed area consisting of:
fire suppression and rescue; emergency response to 9-1-1 calls; fire prevention
education efforts, and other duties and services provided by the Georgetown Fire
Department to areas within the City limits.
3. Solid Waste Collection — Upon annexation, for occupied structures, the City will
provide solid waste collection services to the annexed area in accordance with City
ordinances and policies in effect on the date of the annexation. However, per the
terms of Sections 43.056(n) and (o) of the LGC, if a property owner chooses to
continue to use the services of a privately owned solid waste management provider,
the City is prevented from providing solid waste services for 2 years.
4. Operation and Maintenance of Water and Wastewater Facilities in the Annexed
Area that Are Not Within the Area of Another Water or Wastewater Utility — City -
owned water and wastewater facilities that exist in the annexed area will be
maintained upon annexation and such maintenance shall be governed by the City's
Annexation Service Plan GT Village Creekside
Page 2 of 13
ordinances, standards, policies and procedures. Per the provisions of Section 13.01.
020 of the Unified Development Code ("UDC'), for unplatted tracts in the annexed
area, the City shall not repair, maintain, install or provide any public utilities or
services in any subdivision for which a Final Plat has not been approved and filed
for record, nor in which the standards contained in the UDC or referred to therein
have not been complied with in full. The property currently is in the Chisholm Trail
Service Area, not the City of Georgetown.
5. Operation and Maintenance of Streets, Roads, and Street Lighting — The City will
provide preventative maintenance of the existing public streets and roads in the
annexed area over which it has jurisdiction through maintenance and preventative
maintenance services such as emergency pavement repair; ice and snow monitoring;
crack seal, sealcoat, slurry seal, and PM overlay; and other routine repair. The City
shall not maintain private roads in the annexed area. Preventative maintenance
projects are prioritized on a City-wide basis and scheduled based on a variety of
factors, including surface condition, rideability, age, traffic volume, functional
classification, and available funding. As new streets are dedicated and accepted for
maintenance they will be included in the City's preventative maintenance program.
Per the provisions of Section 13.01.020 of the UDC, for unplatted tracts in the
annexed area, the City shall not repair, maintain, install or provide any streets or
street lighting to any subdivision for which a Final Plat has not been approved and
filed for record, nor in which the standards contained in the UDC or referred to
therein have not been complied with in full. With regard to street lighting, it is the
policy of the City of Georgetown that adequate street lighting for the protection of
the public and property be installed in all new subdivisions. Installation procedures
and acceptable standards for street lights shall be governed by the utility standards
of the City in effect at the time of subdivision construction or addition thereto.
b. Operation and Maintenance of Public Parks, Playgrounds, and Swimming Pools -
Upon annexation, publicly owned parks, playgrounds, and swimming pools in the
annexed area (if any) will be operated and maintained by the City in accordance
with the Section 12.20 of the City Code of Ordinances, and other applicable
ordinances, policies, and procedures in effect at the time of annexation for other
areas in the City limits. Privately owned parks, playgrounds, and pools will be
unaffected by the annexation and shall not be maintained by the City.
7. Operation and Maintenance of Publicly Owned Buildings, Facilities, and Services
— Should the City acquire any buildings, facilities or services necessary for municipal
services in the annexed area, an appropriate City department will operate and
maintain them.
8. Library — Upon annexation,. library privileges will be available to anyone xesiding in
the annexed area.
Annexation Service Plan GT Village Creekside
Page 3 of 13
9. Planning and Development; Building Permits and Inspections - Upon annexation,
the City's Unified Development Code and Title 15 of the City Code of Ordinances
will apply in the area. These services include: site plan review, zoning approvals,
Building Code and other standard Code inspection services and City Code
enforcement; sign regulations and permits; and Stormwater Permit services. For a
full description of these services, see the City's Unified Development Code and Title
15 of the City Code of Ordinances.
10, Animal Control Services — The provisions of Chapter 7 of the City Code of
Ordinances relating to animal control services shall apply in the annexed area.
11. Business Licenses and Regulations — The provisions of Chapter b of the City Code
of Ordinances relating to business licenses and regulations (Carnivals Circuses and
Other Exhibitions; Electrician's Licenses; Gross Receipts Charge or Street Rental;
Peddlers and Solicitors; Taxicabs, Buses and Other Vehicles for Hire; Horse Drawn
Carriages and other Non -Motorized Vehicles for Hire; Sexually Oriented Businesses;
and Alcoholic Beverages) shall apply in the annexed area.
12. Health and Safety Regulations — The provisions of Chapter 8 of the City Code of
Ordinance relating to health and safety regulations (Fire Prevention Code;
Fireworks; Food Sanitation; Noise Control; Nuisances; Junked Motor Vehicles; and
Smoking in Public Places) shall apply in the annexed area.
13. Regulations Pertaining to Peace, Morals and Welfare -- The provisions of Chapter 9
of the City Code of Ordinance relating to peace, morals and welfare (Housing
Discrimination; Weapons; and Enforcement of Other Miscellaneous Violations) shall
apply in the annexed area.
VI. SERVICES TO BE PROVIDED WITHIN 41/2 PEARS OF ANNEXATION; CAPITAL IMPROVEMENTS
PROGRAM
1. In General — The City will initiate the construction of capital improvements necessary
for providing municipal services for the annexation area as necessary for services that
are provided directly by the City.
2. Water and Wastewater Services— Water and wastewater services are only provided to
occupied lots that have been legally subdivided and platted or are otherwise a legal lot,
and that are located within the boundaries of the City's authorized service areas.
Further, existing residences in the annexed area that were served by a functioning onsite
sewer system (septic system) shall continue to use such private system for wastewater
services in conformance with the provisions of Section 13.20 of the City Code of
Ordinances. Existing non-residential establishments in the annexed area may continue
to use an onsite sewer system (septic system) for sewage disposal in conformance with
the provisions of Section 13.20 of the City Code of Ordinances. Upon the Development
of any property in the annexed area, the provisions of Chapter 13 of the UDC shall
Annexation Service Plan GT Village Creekside
Page 4 of 13
apply. The City shall have no obligation to extend water or wastewater service to any
part of the annexed area that is within the service area of another water or wastewater
utility. For annexed areas located within the City's authorized service areas, the City
shall, subject to the terms and conditions of this Plan, extend water and wastewater
service in accordance with the service extension ordinances, policies, and standards that
are summarized in Section X of this Plan, which may require that the property owner or
developer of a newly developed tract install water and wastewater lines. The extension
of water and wastewater services will be provided in accordance with any applicable
construction and design standards manuals adopted by the City.
3. Water and Wastewater Capital Improvements Schedule - Because of the time required
to design and construct the necessary water and wastewater facilities to serve the
annexed area, certain services cannot be reasonably provided within 2'/z years of the
effective date of annexation. Therefore, in accordance with Sections 43.065(b) and (e) of
the LGC, the City shall implement a program, which will be initiated after the effective
date of the annexation and include the acquisition or construction of capital
improvements necessary for providing water and wastewater services to the area. The
following schedule for improvements is proposed: construction will commence within 2
'h years from the effective date of annexation and will be substantially complete within 4
�h years from the effective date of annexation. However, the provisions of Section VII of
this Plan shall apply to the schedule for completion of all capital improvements. In
addition, the acquisition or construction of the improvements shall be accomplished by
purchase, lease, or other contract or by the City succeeding to the powers, duties, assets,
and obligations of a conservation and reclamation district as authorized or required by
law.
4. Roads and Streets - No road or street related capital improvements are necessary at this
time. Future extension of roads or streets and installation of traffic control devices will
be governed by the City's Comprehensive Plan, the City's Overall Transportation Plan,
the City's Capital Improvements Plan; the City's regular or non -impact fee Capital
Improvements Program, and any applicable City ordinances, policies, and procedures,
which may require that the property owner or developer install roads and streets at the
property owner's or developer's expense. It is anticipated that the developer of new
subdivisions in the area will install street lighting in accordance with the City's standard
policies and procedures. Provision of street lighting will be in accordance with the
City's street lighting policies.
5. Capital Improvements for Other Municipal Services - No capital improvements are
necessary at this time to provide municipal Police; Fire Protection; Emergency Medical
Services; Solid Waste Collection; Public Parks, Playgrounds, or Swimming Pools; Public
Buildings or Facilities; or Library Services. The annexed area will be included in the
City's future planning for new or expanded capital improvements and evaluated on the
same basis and in accordance with the same standards as similarly situated areas of the
City.
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• r •
1. Certain events, described as Force Majeure Events in this Plan, are those over which the
City has no control. Force Majeure Events shall include, but not be limited to, acts of
God; terrorism or acts of a public enemy; war; blockages; riots; strikes; epidemics; forces
of nature including landslides, lightening, earthquakes, fires, storms, floods, washouts,
droughts, tornadoes, hurricanes; arrest and restraint of government; explosions;
collisions, and all other inabilities of the City, whether similar to those enumerated or
otherwise, which are not within the control of the City. Any deadlines or other
provisions of this Plan that are affected by a Force Majeure Event shall be automatically
extended to account for delays caused by such Force Majeure Event.
2. In accordance with Section 43.056(e) of the LGC, this Plan and the schedules for capital
improvements necessary to provide full municipal services to the annexed area may be
amended by the City to extend the period for construction if the construction is
proceeding with all deliberate speed. The construction of the improvements shall be
accomplished in a continuous process and shall be completed as soon as reasonably
possible, consistent with generally accepted local engineering and architectural
standards and practices. However, the City does not violate this Plan if the construction
process is interrupted for any reason by circumstances beyond the direct control of the
City.
VIII. AMENDMENTS
Pursuant to the provisions of Section 43.056(k) of the LGC, on approval by the City Council, the
Plan is a contractual obligation that is not subject to amendment or repeal except as provided by
state law. Section 43.056(k) of the LGC provides that if the City Council determines, after public
hearings, that changed conditions or subsequent occurrences make the Plan unworkable or
obsolete, the City Council may amend the Plan to conform to the changed conditions or
subsequent occurrences. An amended Plan must provide for services that are comparable to or
better than those established in the Plan before amendment. Before any Plan amendments are
adopted, the City Council must provide an opportunity for interested persons to be heard at
public hearings called and held in the manner provided by Section 43.0561 of the LGC.
M FEES
The City may impose a fee for any municipal service in the area annexed if the same type of fee
is imposed within the corporate boundaries of the City. All City fees are subject to revision
from time to time by the City in its sole discretion.
Per the requirements of Section 43.056(e) of the LGC, the following summary is provided
regarding the City's current service extension policies for water and wastewater service.
However, this is a summary of the current policies, and the policies and regulations related to
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water and wastewater utility extensions that are included in the City Code of Ordinances, the
Unified Development Code, the City's Construction and Specifications Manual, Drainage
Manual, and other published policies and technical manuals, as the same may be amended from
time to time, shall control the extension of water and wastewater services to the annexed area.
In addition, these policies and ordinances are set by City Council and can be amended in the
future:
1. In General -- The provisions of Chapter 13 of the City's Unified Development Code
("UDC") shall apply in the annexed area and Chapter 13 of the City Code of Ordinances.
Portions of the current Chapter 13 of the UDC and the current Chapter 13 of the Code of
Ordinances are summarized below. Note that these provisions are established by
ordinance of the City Council and are subject to change from time to time.
A. The City shall not repair, maintain, install or provide any water services, wastewater
service, gas, electricity or any other public utilities or services to any property that
has not been legally subdivided or is a non -legal lot.
B. For property that is required by the City's UDC or other City regulations to construct
water or wastewater facilities, funding and construction of those facilities are the
responsibility of the property owner or developer (the "subdivider").
C. Subdividers shall be responsible for providing an approved public water supply
system for fire protection and domestic/ commercial/ industrial usage consistent
with the Comprehensive Plan. Where an approved public water supply or
distribution main is within reasonable distance of the subdivision, but in no case less
than one-quarter mile away, and connection to the system is both possible and
permissible (including adequate system capacity), the subdivider shall be required to
bear the cost of connecting the subdivision to such existing water supply. The
subdivider shall, consistent with all existing ordinances, make a pro -rata
contribution to funding of needed storage facilities, treatment facilities, and specific
distribution lines as determined necessary by the City.
D. Subdividers shall be responsible for providing an approved public sanitary sewer
system, consistent with the Comprehensive Plan, throughout the entire subdivision
such that all lots, parcels, or tracts of land will be capable of connecting to the
sanitary sewer system except as otherwise provided herein. Where an approved
public sanitary sewer collection main or outfall line is in no ease less than one-half
mile away, and connection to the system is both possible and permissible (including
adequate system capacity), the subdivider shall be required to bear the cost of
connecting the subdivision to such existing sanitary sewer system. Where an
approved public wastewater collection main or outfall line is more than one-half
mile away from the property boundary, and where extension of a sanitary sewer
collection main or outfall line is scheduled in the City's Capital Improvements Plan
to be completed to a point within one-half mile of the property boundary within five
(5) years from the date of the Preliminary Plat approval, the subdivider shall be
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required to install a public wastewater collection system. The design and
construction of a public sanitary sewer system shall comply with regulations
covering extension of public sanitary sewer systems adopted by the Texas
Commission on Environmental Quality.
E. All infrastructure and public improvements must be designed and installed in
accordance with all of the elements of the Comprehensive Plan and shall meet the
minimum requirements established by the UDC, the City's Construction Standards
and Specifications for Roads, Streets, Structures and Utilities, and any other adopted
City design or technical criteria. No main water line extension shall be less than
eight inches. All new public sanitary sewer systems shall be designed and
constructed to conform with the City's Construction Standards and Specifications
and to operate on a gravity flow basis by taking advantage of natural topographic
conditions and thereby reducing the need for lift stations and force mains.
2. If the specific undeveloped property does not have City water or wastewater facilities
and capacity fronting the property - the owner may make an application for an
extension of service to the property. If the Assistant City Manager for Utilities
determines in writing that adequate water or wastewater capacity is available, or will be
available, and if the project does not include City cost participation or reimbursement, if
the proposed facilities are depicted on the City's Water and Wastewater Master Plans,
and the requested service otherwise meets the City's requirements, the extension size,
capacity, and routing may be approved by the Assistant City Manager for Utilities for
construction by the developer at the developer's cost and expense.
3. If the specific undeveloped property does have adequate City water or wastewater
facilities and capacity fronting the property - the owner may receive water or
wastewater service from the City by applying for a tap permit and paying the required
fees.
4. If any property in the annexed area is using a septic system - the property owner
remains responsible for the operation and maintenance of the septic system. If the
property is in a Rural Residential Subdivision as defined in Chapter 13 of the UDC, or is
a legal lot greater than one acre in size and used for single family residential purposes,
the property shall continue the use of a septic system after annexation until such time
that the use of the property changes, the property is further subdivided or developed, or
a public sanitary sewer line has been extended to within 200 feet of the property
boundary and the property owner has received notification from the City of the City's
desire for the property to be connected to the public sanitary sewer line. If the septic
system fails before the City's centralized wastewater service is extended to within 200
feet of the property and the City determines that the provision of centralized wastewater
service is not feasible or practical at that time, then the property owner must either
repair or replace the septic system in accordance with the provisions of Section 13.20 of
the City Code of Ordinances. Properties using a septic system that are not in a Rural
Residential Subdivision , or are not legal lots greater than one acre in size and used for
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single family residential purposes at the time of annexation, but that are designated as
either residential, open space or agricultural on the City's Future Land Use Plan shall
continue the use of a septic system until such time that the use of the property changes,
the property is further subdivided or developed, or a public sanitary sewer line has been
extended to within 200 feet of the property boundary and the property owner has
received notification from the City of the City's desire for the property to be connected
to the public sanitary sewer line.
5. Reimbursement and cost participation by the City - Pursuant to Section 13.09.030 of
the UDC, the City, in its sole discretion and with City Council approval, may participate
with a property owner or developer in the cost of oversized facilities or line extensions.
The actual calculation of the cost participation and reimbursement amounts, including
limits and schedules for the payments, are set forth in the UDC.
6. City Code of Ordinances: (The following provisions are set by the City Council and can
be amended in the future by ordinance.)
• i • •ill •. • • . • •9IMM• •
This policy shall apply to improvements to the City's utility systems, including system upgrades,
system expansion, and plant capacity additions. In this Section, the term "utility system" shall
mean the City's water system, wastewater system, reuse irrigation system, and stormwater
drainage system.
The City shall maintain and periodically update system plans for each utility so that system
improvements are implemented to maintain adequate capacity for growth while maintaining
proper service levels to existing customers.
A. Projects designed to expand or upgrade a utility system must be completed and ready
for operations such that capacity requirements by state regulatory agencies and City
system plans are met.
B. When possible, the City should coordinate the construction of system improvements
in a particular location with the expansion or maintenance of other utility
infrastructure to minimize the future impact on each utility.
C. Projects should begin the design phase when existing demand at a specific location
exceeds 75% of current capacity and future demand is expected to exceed the current
total capacity.
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D. Projects should begin the construction phase when existing demand at a specific
location exceeds 90% of current capacity and future demand is expected to exceed the
current total capacity.
E. Projects required to facilitate the development of a specific tract shall be done in
accordance with the Unified Development Code,
F. Projects required as a result of an annexation service plan shall be provided as stated
in the approved Service Plan for such annexed tracts.
11
n 1Iffi I
A. Projects required to facilitate the subdivision of a specific tract shall be paid by the
subdivider in accordance with the Unified Development Code, unless otherwise
authorized in writing and approved by the City Council in accordance with the terms
of Section 13.09 of the Unified Development Code or other applicable law.
B. When utility expansion is requested within a portion of the City's utility service area,
but the City is not otherwise required to provide service or planning to provide
service as reflected in the City's Capital Improvements Plan, the City may
nonetheless, at the City's sole option, facilitate the design and construction of the
required utility extensions or upgrades by managing the project with the cost of such
extensions to be shared and fully paid by the requesting landowners or subdividers
prior to commencement of the project.
C. When utility expansion is requested within a portion of the City's utility service area,
the City shall evaluate degree to which the project 1) facilitates contiguous growth, 2)
maximizes the provision of service to the service area, 3) enhances economic
development, 4) improves system operations, 5) contributes to conservation or other
environmental concern, and 6) facilitates the completion of the utility master plan.
D. At the City's sole option, the City may also facilitate the installation of utility
expansion requests through 1) financial cost contribution, 2) financing of the
improvement using individual contracts between the City and each landowner for a
proportionate share of the project cost to be paid out over a specified period of time at
a specified rate of interest, 3) Impact Fee or connection fee reduction or waiver.
Chapter 13.20 of the City Code of Ordinances currently provides as follows:
1617999391M i l�
A. It is unlawful for any owner or lessee, tenant or other person in possession of any
premises where any person lives or works, or occupies the same, to establish,
maintain or use any water closet, bathtub, lavatory or sink except by one of the
following means and consistent with the other terms, conditions and requirements of
this Chapter and with the City's Unified Development Code:
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1. Connection to an approved Onsite Sewage Facility that is constructed
and maintained in accordance with the rules and regulations of all
appropriate state and local agencies having jurisdiction over such
facilities; or
2. Connection to a public centralized wastewater collection main with all
wastewater discharged to a centralized public wastewater collection
system.
B. Upon the "Development" of property, the provisions of Chapter 13 of the Unified
Development Code (pertaining to Infrastructure and Public Improvements) shall
govern the provision of wastewater service to the property. For the purposes of this
section, the term "Development" shall have the same meaning as in Section 16.05 of
the City's Unified Development Code.
C. It is the duty of each such person referenced in subsection (A), above, to connect such
fixtures to an approved wastewater system, and to maintain the same.
A. General. All On Site Sewage Facilities must be constructed and maintained in
accordance with the rules and regulations of the appropriate state and local agencies
having jurisdiction over such facilities.
B. Availability of a Public Centralized Wastewater Collection Main. If a public
centralized wastewater collection main is located within 200 feet of a property line,
and the wastewater collection main has adequate capacity to receive and transport the
wastewater flow produced by the property, then property owner shall connect that
property to said utility line at the earliest to occur of either of the following events:
failure of the On Site Sewage Facility servicing the property, or the date that is five
(5) years after receipt of notice of the availability of a wastewater collection main
within 200 -feet of the property line.
C. Failure of On Site Sewage Facility. When an Onsite Sewage Facility fails, the
following provisions shall apply:
a. If a public centralized wastewater collection main is located within 200 feet of
the property boundary, and the wastewater collection main has adequate capacity
to receive and transport the wastewater flow produced by the property, then the
property must be connected to said utility line by the property owner;
b. If no public centralized wastewater collection main is located within 200 feet of
the property boundary, the City shall evaluate the feasibility of providing
centralized wastewater collection services to the property via a gravity or low
pressure system. Where the provision of gravity sewer service or low pressure
system is technically feasible, utility system improvements may be made in
accordance with Chapters 13.10;
c. If the City determines that the provision of wastewater service via a centralized
wastewater collection main is not necessary due to existing or future land use,
then the On Site Sewage Facility may be repaired or replaced.
(Prior code § 12-101)
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i t 111 0 :1r EI.
It is unlawful for any owner or lessee, tenant or other person in possession of any premises in the
City to establish or maintain any privy or dry closet.
A. A "Low Pressure Sewer System" is an individual lift station located at each utility
customer or property owner location having a private force main connecting to a
public force main or gravity main located in a public utility easement or public right-
of-way.
B. Each property owner and utility customer shall be responsible for the cost of
installation and maintenance of the individual lift station and private force main.
i V0
111 1111 111 111111 111111111111 111 iiiiiiijiliii 10 10•� 1'
No person shall discharge, cause to be discharged, or permit to be discharged, either directly or
indirectly into the public sewer system, waste or wastewater from any of the following sources
unless allowed by the City Manager, or his/her designee:
A. Any wastes or wastewater that does not meet the limitations imposed by Section
13.24 of the Code of Ordinances.
B. Any stormwater, groundwater, rainwater, street drainage, subsurface drainage, or yard
drainage;
C. Any unpolluted water, including , but not limited to, cooling water, process water or
blow -down water from cooling towers or evaporative coolers;
D. Any wastes or wastewater, or any object, material, or other substance directly into a
manhole or other opening into the sewer facilities other than wastes or wastewater
through an approved service connection.
E. Any holding tank waste, provided, that such waste may be placed into facilities
designed to receive such wastes and approved by the City Manager, or his/her
designee.
A. For properties with gravity wastewater service, the property owner and utility
customer shall be responsible for the proper operation, maintenance, and repairs of
the sewer system in the building and the service lateral between the building and the
point of connection into the public sewer main.
B. For properties with low pressure service, the property owner and utility customer
shall be responsible for the proper operation, maintenance, and repairs of the sewer
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system in the building and the service lateral, lift station (grinder pump) and force
main between the building and the point of connection into the public sewer main.
C. When, as a part of sewer system testing, the City identifies a flaw in a private service
lateral or force main where a repair is necessary to prevent infiltration or inflow, the
property owner and utility customer shall be responsible to cause the repairs to be
made within one (1) year of the date of notification by the City.
B. If repairs are not complete within one year of notification by the City, City may
engage the services of a contractor to make the necessary repairs with the costs for
such repairs to be paid by the City and subsequently charged to property owner and
utility customer.
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